Stephen Funk
Encyclopedia
Stephen Funk is a former United States Marine Corps
Landing Support Specialist and lance corporal reservist. He is also the first person to refuse to deploy in Iraq.
after 9/11, signing a six-year contract in February 2002. Near the end of boot camp, he shot expert at the rifle range, at 200-, 300- and 500-yards. Despite this, his instructor told him that he would not shoot as well in combat, Funk later said, "I told him he was right, because I felt killing was wrong."
Prior to enlisting, Funk had a background in social activism having attended a politically charged alternative high school and as an organizer for various causes and against the WTO in Seattle & DNC in Los Angeles. He was also recruited as an out of the closet gay man living in San Francisco. During his enlistment, Funk rejected coercive training and spoke out, disobeying direct orders and often ignored the chain of command.
His period of "unauthorized absence" lasted from February 9, 2003 to April 1, 2003.
On April 1, 2003, Funk held a press conference at the main gate of San Jose Marine Reserve Base and turned himself over to military authorities. During the conference, Funk spoke to reporters and said "There is no way to justify war because you're paying with human lives." Just before being taken into custody. Funk had attempted to obtain conscientious objector
status and a discharge. His conscientious objector application was never reviewed, instead he was court-martialed. At the same time he applied for conscientious objector status, Funk also came out publicly as a gay man. In 2003, while imprisoned, he was named as one of OUT Magazine's "Out 100".
, but convicted him of the lesser charge of unauthorized absence. He had spent 47 days of unauthorized absence preparing his application for conscientious objection and was sentenced to six months imprisonment, reduction in rank
from E-3 to E-1 and given a bad-conduct discharge.
. (That resolution affirmed that the United States
and the United Kingdom
had responsibility for Iraq
as the "occupying powers under unified command.")
This sequence of events means that US punished Stephen Funk for refusing to "report to his unit during [a] war" not sanctioned by the United Nations
. This fact has major implications in international law
: In an interview given on August 25, 2006, about the “2003 invasion of Iraq,...[ Benjamin B. Ferencz
, an American
lawyer
],...said the United Nations charter
, which was written after the carnage of World War II
, contains a provision that no nation can use armed force without the permission of the UN Security Council.” Ferencz
is qualified to make comparisons to the Nuremberg Trials
because he, himself, was an investigator of Nazi war crime
s after World War II
and the Chief Prosecutor for the United States
Army at the Einsatzgruppen Trial
, one of the twelve military trials
held by the U.S. authorities at Nuremberg
, Germany
. One of the legal principles used during those trials was Nuremberg Principle IV which deals with the responsibility of individuals. It states, "The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him." The precedent
s and principles
of international law
that were set during the Nuremberg Trials
have legal relevance to all subsequent cases, including that of Stephen Funk.
The debate about the international legality
of Stephen Funk's punishment in the period before the May 22, 2003 adoption of United Nations Security Council Resolution 1483
is closely related to the debate about the legality of the Iraq War
of that same time period. Hence, one of the arguments supporting the punishment of Stephen Funk is based on Resolution 1441 which was adopted by the UN on November 8, 2002, three months before Stephen Funk's unauthorized absence began. Another such argument is based on resolutions related to the first Gulf War of 1991 and also the 2003 Invasion. However, both of those arguments have been met with criticism and continue to be debated.
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
Landing Support Specialist and lance corporal reservist. He is also the first person to refuse to deploy in Iraq.
Background
Stephen Funk decided to enlist in the United States Marine CorpsUnited States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
after 9/11, signing a six-year contract in February 2002. Near the end of boot camp, he shot expert at the rifle range, at 200-, 300- and 500-yards. Despite this, his instructor told him that he would not shoot as well in combat, Funk later said, "I told him he was right, because I felt killing was wrong."
Prior to enlisting, Funk had a background in social activism having attended a politically charged alternative high school and as an organizer for various causes and against the WTO in Seattle & DNC in Los Angeles. He was also recruited as an out of the closet gay man living in San Francisco. During his enlistment, Funk rejected coercive training and spoke out, disobeying direct orders and often ignored the chain of command.
His period of "unauthorized absence" lasted from February 9, 2003 to April 1, 2003.
On April 1, 2003, Funk held a press conference at the main gate of San Jose Marine Reserve Base and turned himself over to military authorities. During the conference, Funk spoke to reporters and said "There is no way to justify war because you're paying with human lives." Just before being taken into custody. Funk had attempted to obtain conscientious objector
Conscientious objector
A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, and/or religion....
status and a discharge. His conscientious objector application was never reviewed, instead he was court-martialed. At the same time he applied for conscientious objector status, Funk also came out publicly as a gay man. In 2003, while imprisoned, he was named as one of OUT Magazine's "Out 100".
Military punishment
Of the two charges Funk was brought up on, a military jury acquitted him on September 6, 2003 of desertionDesertion
In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...
, but convicted him of the lesser charge of unauthorized absence. He had spent 47 days of unauthorized absence preparing his application for conscientious objection and was sentenced to six months imprisonment, reduction in rank
Reduction in rank
Reduction in rank may refer to two separate concepts:*In military law, a reduction in rank is a demotion in military rank as punishment for a crime or wrongdoing, imposed by a court-martial or other authority...
from E-3 to E-1 and given a bad-conduct discharge.
Controversy
It is noteworthy that the US punished him "for refusing to report to his unit during the Iraq war," during the period of his "unauthorized absence" (Feb 9, 2003 to April 1, 2003), which occurred before the May 22, 2003 adoption of United Nations Security Council Resolution 1483United Nations Security Council Resolution 1483
United Nations Security Council Resolution 1483, adopted on May 22, 2003, after recalling all previous resolutions on the situation between Iraq and Kuwait, the Council lifted trade sanctions against Iraq and terminated the Oil-for-Food Programme.The resolution was drafted by the United States and...
. (That resolution affirmed that the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
had responsibility for Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
as the "occupying powers under unified command.")
This sequence of events means that US punished Stephen Funk for refusing to "report to his unit during [a] war" not sanctioned by the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
. This fact has major implications in international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
: In an interview given on August 25, 2006, about the “2003 invasion of Iraq,...[ Benjamin B. Ferencz
Benjamin B. Ferencz
Benjamin Berell' Ferencz is a Romanian-born American lawyer. He was an investigator of Nazi war crimes after World War II and the Chief Prosecutor for the United States Army at the Einsatzgruppen Trial, one of the twelve military trials held by the U.S. authorities at Nuremberg, Germany...
, an American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
],...said the United Nations charter
United Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
, which was written after the carnage of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, contains a provision that no nation can use armed force without the permission of the UN Security Council.” Ferencz
Benjamin B. Ferencz
Benjamin Berell' Ferencz is a Romanian-born American lawyer. He was an investigator of Nazi war crimes after World War II and the Chief Prosecutor for the United States Army at the Einsatzgruppen Trial, one of the twelve military trials held by the U.S. authorities at Nuremberg, Germany...
is qualified to make comparisons to the Nuremberg Trials
Nuremberg Trials
The Nuremberg Trials were a series of military tribunals, held by the victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany....
because he, himself, was an investigator of Nazi war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
s after World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
and the Chief Prosecutor for the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Army at the Einsatzgruppen Trial
Einsatzgruppen Trial
The Einsatzgruppen Trial was the ninth of the twelve trials for war crimes the U.S. authorities held in their occupation zone in Germany in Nuremberg after the end of World War II. These twelve trials were all held before U.S...
, one of the twelve military trials
Subsequent Nuremberg Trials
The Subsequent Nuremberg Trials were a series of twelve U.S...
held by the U.S. authorities at Nuremberg
Nuremberg
Nuremberg[p] is a city in the German state of Bavaria, in the administrative region of Middle Franconia. Situated on the Pegnitz river and the Rhine–Main–Danube Canal, it is located about north of Munich and is Franconia's largest city. The population is 505,664...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
. One of the legal principles used during those trials was Nuremberg Principle IV which deals with the responsibility of individuals. It states, "The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him." The precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
s and principles
Nuremberg Principles
The Nuremberg principles were a set of guidelines for determining what constitutes a war crime. The document was created by the International Law Commission of the United Nations to codify the legal principles underlying the Nuremberg Trials of Nazi party members following World War II.- Principle...
of international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
that were set during the Nuremberg Trials
Nuremberg Trials
The Nuremberg Trials were a series of military tribunals, held by the victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany....
have legal relevance to all subsequent cases, including that of Stephen Funk.
The debate about the international legality
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
of Stephen Funk's punishment in the period before the May 22, 2003 adoption of United Nations Security Council Resolution 1483
United Nations Security Council Resolution 1483
United Nations Security Council Resolution 1483, adopted on May 22, 2003, after recalling all previous resolutions on the situation between Iraq and Kuwait, the Council lifted trade sanctions against Iraq and terminated the Oil-for-Food Programme.The resolution was drafted by the United States and...
is closely related to the debate about the legality of the Iraq War
Legality of the Iraq War
The legality of the invasion and occupation of Iraq has been widely debated since the United States, United Kingdom, and a coalition of other countries launched the 2003 invasion of Iraq...
of that same time period. Hence, one of the arguments supporting the punishment of Stephen Funk is based on Resolution 1441 which was adopted by the UN on November 8, 2002, three months before Stephen Funk's unauthorized absence began. Another such argument is based on resolutions related to the first Gulf War of 1991 and also the 2003 Invasion. However, both of those arguments have been met with criticism and continue to be debated.
See also
- Conscientious ObjectorConscientious objectorA conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, and/or religion....
- Nuremberg PrinciplesNuremberg PrinciplesThe Nuremberg principles were a set of guidelines for determining what constitutes a war crime. The document was created by the International Law Commission of the United Nations to codify the legal principles underlying the Nuremberg Trials of Nazi party members following World War II.- Principle...
(Principle IV) - List of United Nations Security Council resolutions concerning Iraq
- Views on the 2003 invasion of IraqViews on the 2003 invasion of IraqThe events surrounding the 2003 invasion of Iraq have led to numerous expressions of opinion with respect to the war. This page contains links to several topics relating to views on the invasion, and the subsequent occupation of Iraq.American views...
- Opposition to the Iraq WarOpposition to the Iraq WarSignificant opposition to the Iraq War occurred worldwide, both before and during the initial 2003 invasion of Iraq by the United States, United Kingdom, and smaller contingents from other nations, and throughout the subsequent occupation...
- 2003 Invasion of Iraq2003 invasion of IraqThe 2003 invasion of Iraq , was the start of the conflict known as the Iraq War, or Operation Iraqi Freedom, in which a combined force of troops from the United States, the United Kingdom, Australia and Poland invaded Iraq and toppled the regime of Saddam Hussein in 21 days of major combat operations...
- American popular opinion on invasion of IraqAmerican popular opinion on invasion of IraqThe United States public's opinion of the invasion of Iraq has changed significantly since the years preceding the incursion. For various reasons, mostly related to the unexpected consequences of the invasion, as well as revelations of misinformation provided by US authorities, the US public’s...
- Catholic Church against war on Iraq
- Popular opposition to the 2003 Iraq war
- The UN Security Council and the Iraq warThe UN Security Council and the Iraq warIn March 2003 the United States government announced that "diplomacy has failed" and that it would proceed with a "coalition of the willing" to rid Iraq under Saddam Hussein of weapons of mass destruction the US insisted it possessed...
- Worldwide government positions on war on Iraq
- List of protest marches on Washington, DC
- Withdrawal of U.S. troops from IraqWithdrawal of U.S. troops from IraqThe withdrawal of American military forces from Iraq has been a contentious issue within the United States since the beginning of the Iraq War. As the war has progressed from its initial 2003 invasion phase to a multi-year occupation, U.S. public opinion has turned in favor of troop withdrawal...
General anti-war
- Anti-warAnti-warAn anti-war movement is a social movement, usually in opposition to a particular nation's decision to start or carry on an armed conflict, unconditional of a maybe-existing just cause. The term can also refer to pacifism, which is the opposition to all use of military force during conflicts. Many...
- NonviolenceNonviolenceNonviolence has two meanings. It can refer, first, to a general philosophy of abstention from violence because of moral or religious principle It can refer to the behaviour of people using nonviolent action Nonviolence has two (closely related) meanings. (1) It can refer, first, to a general...
- PacifismPacifismPacifism is the opposition to war and violence. The term "pacifism" was coined by the French peace campaignerÉmile Arnaud and adopted by other peace activists at the tenth Universal Peace Congress inGlasgow in 1901.- Definition :...
- Post–September 11 anti-war movement